title:
James B Metcalfe Appellant v The City of Seattle and Robert Moran, D A McKenzie, Thomas E Jones and D E Durie Respondents
title:
76
creator:
City of Seattle
creator:
Robert Moran
creator:
D. A. McKenzie
creator:
Thomas E. Jones
creator:
D. E. Durie
contributor:
S. H. Piles
contributor:
Thomas R. Shepard
date:
1890-10
publisher:
Washington State Supreme Court
type:
Civil
subject:
Constitutional
language:
eng
format:
application/pdf
description:
Prior History: Appeal from Superior Court, King County.Injunction against defendants, as mayor and finance committee of the common council of the city of Seattle, to restrain them from selling or otherwise disposing of bonds theretofore issued, in the sum of $ 955,000, under ordinance No. 1343, of said city, for the purchase of water-works, and the construction of a sewerage system. In pursuance of notice, a special election was held in the city of Seattle, on the 4th day of June, 1890, for the purpose of voting upon the proposed issuance of bonds for that purpose. The whole number of voters who voted at the election was 721, and the number who voted in favor of issuing the bonds was 705, said number not being three-fifths of the qualified voters in said city, nor three-fifths of the persons entitled to vote at said election. The total value of the taxable property of the city of Seattle, according to the last assessment for city purposes, was $ 16,016,900.00. The existing indebtedness of the city amounted to about the sum of $ 400,000. The additional indebtedness proposed to be incurred was more than five per cent. of the total valuation of taxable property. Judgment for defendants, and plaintiff appeals.Constitutional Law – Municipal Indebtedness – Construction – Article 8 § 6, of the constitution of the State of Washington, provides that no city shall, for any purpose, become indebted in any manner exceeding 1 ½ per cent. Of the taxable property in such city, without the assent of three-fifths of the voters therein, voting at an election to be held for that purpose, nor shall the total indebtedness thus assented to at any time exceed 5 per cent. On the value of the taxable property therein; but “any city of town, with such assent, may be allowed to become indebted to a larger amount, not exceeding 5 per cent. additional, for supplying such city or town with water, artificial light, and sewers, when the works for supplying such water, light, and sewers, shall be owned and controlled by the municipality.” Held, that a municipal corporation may become indebted, for the purpose of providing a water and sewerage system, in any sum, provided the total municipal indebtedness does not exceed ten per cent. of its last assessment roll. The majority of three-fifths of the voters necessary to carry an election for the increase of municipal indebtedness above 1 ½ per cent. of the assessment roll, is three-fifths of those persons actually vote at the election, and not three-fifths of all those who may have the right to vote thereat.
relation:
Metcalfe v. City of Seattle, 1 Wash. 297 (1890)
relation:
25 P. 1010
rights:
These materials are public records. Please see Washington State Court Rules: General Rules 31 for details https://www.courts.wa.gov/court_rules/pdf/GR/GA_GR_31_00_00.pdf
